Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
The petitioners have approached this Court by filing this writ petition with a prayer that FIR relating to case crime no. 348 of 2009 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 of police station Baldi Rai, district Sultanpur be quashed.
We have gone through the contents of the FIR as well as the gang chart.
It has been argued by the learned counsel for the petitioner that one case relating to case crime no. 21 of 2009 under Section 3/5/8 of the Prevention of Cow Slaughter Act read with Sections 435/295 IPC has been shown against the petitioners. Further submission is that since the petitioners were released on bail in the aforesaid case, as such, with a view to keep the petitioners behind the bars, the present case under the aforesaid Act has been slapped on them.
We have gone through the FIR and the gang chart. In our view, since the contents of the FIR disclose commission of cognizable offence against the petitioners, as such, the same cannot be quashed.
However, considering the overall aspect of the matter, we direct that the petitioners shall not be arrested in the above mentioned crime number till filing of report under Section 169/173 Cr.P.C. Investigation shall go on and the petitioners shall cooperate with the same.
Subject to the above, the writ petition is finally disposed of.
No order as to costs.
Order Date :- 8.1.2010 Chauhan/-